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Jan-21-99 04:41pm From-KENNEDY & GRAVEN +3379310 T-657 P.09/12 F-594 <br /> ARTICLE V:TERMINATION <br /> If ETC fails to perform any of the terms,conditions,or requirements of this Agreement,the City <br /> will give ETC thirty(30)day's written notice of such failure. After receipt of the written notice <br /> of such failure, ETC will have up to thirty(30)days to correct the problem,except that the City, <br /> at its sole discretion,may in any case take immediate steps at ETC's expense to correct a <br /> problem in order to protect the health, safety and welfare of the City and the public prior to the <br /> end of the thirty(30)day period without affecting the City's right to terminate ETC. If ETC fails <br /> to correct the problem related to the performance of any of the terms,conditions or requirements <br /> of this Agreement within the aforesaid thirty(30)day period for such provision, the City may <br /> terminate the Agreement by giving ETC thirty(30)day's written notice of such termination. <br /> If the City fails to perform any of the terms,conditions or requirements of this Agreement,ETC <br /> will give the City thirty(30)day's written notice of such failure. After receipt of the written <br /> notice, the City will have thirty(30)days to correct the problem,except that ETC may in any <br /> case take immediate steps at the City's expense to correct the problem in order to protect the <br /> health,safety and welfare of ETC and the public prior to the end of the thirty(30)day period <br /> without affecting ETC's right to terminate the Agreement. If the City fails to correct the problem <br /> within that thirty(30)day period,ETC may terminate the Agreement by giving the City thirty <br /> (30) days' written notice of such termination. <br /> ETC may also terminate this Agreement for any reason by providing 60 days written notice of its <br /> intent to terminate said Agreement,provided,however, that ETC waives any interest or right to <br /> compensation for catering or food events for the sixty(60)day period immediately prior to the <br /> date it provides such notice. For any compensation already paid to ETC for the sixty(60)day <br /> period immediately prior to the date it provides such notice,ETC will include a certified check <br /> payable to the City with its written notice of its intent to terminate this Agreement under the <br /> terms of this paragraph. <br /> ARTICLE VI: OTHER PROVISIONS <br /> 1. Addresses and Notices. Any notice permitted or required to be given under this <br /> Agreement must be in writing and shall be deemed to have been given if sent by certified <br /> mail,postage prepaid,addressed as follows: <br /> To the City: City Clerk-Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View,MN 55112 <br /> To ETC: Elegant Thymes Catering <br /> a division of Royal Fare Food Emporium, <br /> 5516 46th Avenue South <br /> Minneapolis,MN 55417 <br /> • <br /> SIR-155389 6 <br /> mums-4 <br />